[TETENAL]

http://www.spiegel.de/wirtschaft/0,1518,357934,00.html

According to SPIEGEL ONLINE Apple is considering legal action against Medion, the maker of the mp3 player that will be available from May 30th on in Plus markets.

[euphras]

What the hell of a rip-off. But: can design be protected by copyrights?

[TETENAL]

Sure, design is protected by copyright. It doesn't look exactly the same though. I don't know whether they would get through with that in court.

ps:
Könntest du deine Signatur neu tippen bitte? Die 'Ä's kommen nicht mehr richtig an, weil dieses Forum auf UTF-8 umgestellt wurde.

[Millennium]

Originally Posted by euphras

What the hell of a rip-off. But: can design be protected by copyrights?

I think designs are protected by trademarks rather than copyrights, but the concept is similar. The big difference is that you don't have to defend a copyright if you don't want to (for example, many anime companies tolerate a limited amount of piracy in the form of fansubs, so long as those engaging in the practice stay out of their target markets), but you do have to defend a trademark or it becomes invalid.

[f1000]

Originally Posted by euphras

What the hell of a rip-off. But: can design be protected by copyrights?

I doubt it. Aesthetic aspects of utilitarian articles should be covered by design patents.

[f1000]

Originally Posted by Millennium

I think designs are protected by trademarks rather than copyrights, but the concept is similar. The big difference is that you don't have to defend a copyright if you don't want to (for example, many anime companies tolerate a limited amount of piracy in the form of fansubs, so long as those engaging in the practice stay out of their target markets), but you do have to defend a trademark or it becomes invalid.

It depends. If a design is a logo that represents a company, then yes the design should be treated as a trademark. If a design is part of a functional item, then it is best covered by a design patent (or possibly a copyright).

[TETENAL]

I have never heard of anything called "design patent". I doubt it exists in Germany.

[budster101]

Yes, a 'design patent' protects the iPod mini. It's termed look and feel, and this thing completely mocks up the iPod mini to a 't'. This is an obvious infringement on their design patent and will be withdrawn from the marketplace even before any legal action takes place.

I have a design patent, so they do exist.

http://www.google.com/search?client=...8&oe=UTF-8

[euphras]

ps:
Könntest du deine Signatur neu tippen bitte? Die 'Ä's kommen nicht mehr richtig an, weil dieses Forum auf UTF-8 umgestellt wurde.

So besser?

[tooki]

Die Umlaute sind geflickt, aber die Signatur verstösst gegen die Regeln: wird ein Bild benutzt, darf man nur eine Textzeile benutzen, inklusive leere Zeilen.

tooki

[GSixZero]

Is it just me, or is that thing a joke? Yes, it's 5gb, but it looks like the interface sucks, and it's only 20€ less than the 4GB mini.

[zwiebel_]

Die 'Ä's kommen nicht mehr richtig an, weil dieses Forum auf UTF-8 umgestellt wurde.

Du kanst ja auch immer wieder "Ae" benuetzen, nicht?

[f1000]

Originally Posted by TETENAL

I have never heard of anything called "design patent". I doubt it exists in Germany.

I'm not sure how U.S. design patents are treated in Germany. Design patents are usually not as valuable as utility patents. Apple probably holds a number of design patents, utility patents, and copyrights for its iPod. The software and interface, for instance, fall under copyright law. I believe the click wheel is covered by a utility patent.

The below is for your information:

What Is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

There are three types of patents:

1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;

2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and

3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

http://www.uspto.gov/web/offices/pac...ex.html#patent

[Atomic Rooster]

Only Fords can have four wheels....

and all mini vans must look alike.

[cpt kangarooski]

Apple's best bet here is a design patent. One might imagine the design acting as a trademark, but this is dangerous. Trademarks do not protect functional aspects of products -- the overall design of the iPod could easily be found to be sufficiently functional as not to be a trademark. A similar doctrine holds in the copyright field, since the useful parts of things are supposed to be covered under patents, if anything. A utility patent would probably be inappropriate for the iPod as a whole, though.

[budster101]

I am positve there are several design patents that have to do with the iPod, iPod mini, and the entire line. Each aspect of the product, such as the design specific click wheel should be protected, not just the overall design of the product.

[cpt kangarooski]

Well, that's up to Apple. If they don't feel that part of it is worth protecting, who are we to argue? Presumably they've done a good job and obtained sufficient protection.

[Atomic Rooster]

Originally Posted by budster101

I am positve there are several design patents that have to do with the iPod, iPod mini, and the entire line. Each aspect of the product, such as the design specific click wheel should be protected, not just the overall design of the product.

Imagine all the infringements for push buttons and turning knobs!!!

[budster101]

No, I'm speaking directly to the design of the specific click wheel... It's an exact copy.

[osxisfun]

They are called "Dress Trademarks (or Dress Patents)" and they do protect this very thing....

Apple had one on the original imac (the blue gumdrop one.) and used this protection to go after a company in korea? that came out with a shameless blue ripp off.

[osxisfun]

Originally Posted by Atomic Rooster

Imagine all the infringements for push buttons and turning knobs!!!

They are more than that. Please.

[budster101]

Thank you for the clarification!